The Armed Forces and Reserve Forces (Compensation Scheme) Order 2005

Injury and death – inclusions U.K.

10.—(1) Benefit is payable in accordance with this Order to or in respect of a person by reason of an injury sustained [F1 or worsened] or death occurring, while participating in—

(a) sporting activities as a player, a referee, an organiser or a representative of a particular sport or sporting organisation where—

(i) the Secretary of State has approved the sport as being a sport which enhances the fitness, initiative and endurance of members of the forces, and

(ii) the relevant Service has recognised the particular event and the organisation and training for it;

(b) activities approved by the relevant Service which are undertaken for the purpose of meeting and maintaining the physical standards required of members of the forces; or

(c) adventurous training courses or adventurous expeditions approved by the relevant Service;

[F2 in each case where service is the predominant cause of the injury, or the worsening of the injury, or of death].

(2) For the purposes of paragraph (1)(a)(i), the Secretary of State may approve a single sporting activity or a class of such activities and may approve such activities unconditionally or subject to any specified condition.

(3) The activities referred to in paragraph (1) do not include social events or free time associated with those activities.

[F3 (4) Benefit is payable in accordance with this Order to or in respect of a person by reason of an injury sustained, or worsened, or a death occurring—

(a) while travelling from his home or his place of work to the place where an activity referred to in paragraph (1) is to happen or while travelling back again;

(b) where one of the circumstances specified in paragraph (5) applies and where service is the predominant cause of the injury, or the worsening of the injury or death.]

[F4 (5) The circumstances referred to in paragraph (4)(b) are where the member of the forces—

(a) is travelling from his home or his regular place of work to a place of work which is not his regular place of work or while travelling back again except where the travel is during a period of leave;

(b) is travelling from a place of work which is not his regular place of work to another place of work which is not his regular place of work;

(c) is changing from one regular place of work to another and is travelling from his home or what was his regular place of work to a place of work outside the United Kingdom which is to become his regular place of work or is travelling from what was his regular place of work outside the United Kingdom to his home or to a place of work which is to become his regular place of work; or

(d) is required to reside in accommodation provided by the Ministry of Defence for families of members of the forces at a distance of over 50 miles from his regular place of work and is travelling by a reasonably direct route from that accommodation to that place of work or while travelling back again.]

(6) Benefit is payable in accordance with this Order to or in respect of a person by reason of an injury sustained [F5 , or worsened,] or a death occurring—

(a) as a result of acts of terrorism or other warlike activities in each case directed towards him as a member of the forces as such; or

(b) while called out to and travelling to an emergency

but only where service is the predominant cause of the injury [F6 , the worsening of the injury,] or death.

(7) This article does not apply unless the cause of the injury, [F7 the worsening of the injury,] or the cause of the death, occurred on or after 6th April 2005.

(8) In this article, “the relevant Service” means the Army, the Navy, the Air Force or the Reserve Forces as the case may be.

Textual Amendments

F1 Word in art. 10(1) inserted (30.6.2006) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 (S.I. 2006/1438), arts. 1(2), 4(1)

F2 Word in art. 10(1) substituted (30.6.2006) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 (S.I. 2006/1438), arts. 1(2), 4(2)

F3 Art. 10(4) substituted (30.6.2006) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 (S.I. 2006/1438), arts. 1(2), 4(3)

F4 Art. 10(5) substituted (30.6.2006) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 (S.I. 2006/1438), arts. 1(2), 4(4)

F5 Words in art. 10(6) inserted (30.6.2006) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 (S.I. 2006/1438), arts. 1(2), 4(5)

F6 Words in art. 10(6) inserted (30.6.2006) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 (S.I. 2006/1438), arts. 1(2), 4(6)

F7 Words in art. 10(7) inserted (30.6.2006) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2006 (S.I. 2006/1438), arts. 1(2), 4(7)